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Home My WebLink About2003-10-27 City Council (4)City of Palo Alto City Manager’s Report 5 TO:HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE:OCTOBER 27, 2003 CMR: 486:03 SUBJECT:APPROVAL OF RESOLUTION AMENDING SEIU MEMORANDUM OF AGREEMENT TO EXTEND PROBATIONARY PERIOD FOR ONE CLASSIFICATION TO ACCOUNT FOR TESTING SCHEDULE RECOMMENDATION. Staff recommends Council approve the attached side letter agreement between the City and Local 715, Service Employees International Union (SEIU) to extend the probationary period for employees in the Water System Operator I classification. BACKGROUND The Water Systems Operator I is the entry-level classification in the Water Systems series. This classification requires the incumbents obtain a State of California Water Distribution II certification by the end of the six-month probationary period. This short duration is problematic for both the City and the employees. SEIU and the City agree that the solution to this problem is to extend the probationary period. DISCUSSION One of the requirements in the job classification of Water System Operator I is the ability to obtain a state certification before the employee passes probation. The test is only administered every year in February and August. Under the current process, a probationary employee may meet an acceptable standard of performance, but due to the employee’s inability to obtain the Water Distribution Certification II, his/her employment with the City would be terminated at the end of the six-month probationary period. Failing to obtain a passing grade or the inability to coordinate test times with the state’s testing schedule were reasons for failing to obtain the certification. The City has been meeting with SEIU representatives to address this problem. The outcome of those meetings is the recommendation to extend the six-month probationary CMR: 486:03 Page 1 of 2 period to one year. This extension will allow probationary employees the opportunity to take the test to coincide with the State’s testing schedule and if necessary, allow employees with acceptable standards of performance a second opportunity to retake the test. The City and SEIU have agreed that employees will be terminated if the examination is failed the last time it is offered during the employee’s first year in the classification. In addition, it is understood that this agreement will be incorporated in the relevant job descriptions and any new negotiated agreements. RESOURCE IMPACT There will be no cost impact associated with this change. POLICY IMPLICATION This recommendation establishes a new probationary policy for employees in the Water System Operator I classification. ENVIRONMENTAL REVIEW This is not a project for purposes of the California Environmental Quality Act. ATTACHMENTS mo Side Letter Agreement Resolution Amending SEIU Agreement to Add Side Letter Agreement PREPARED BY: Leslie Loomis, Director of Human Resources DEPARTMENT HEAD: LESLIE LOOMIS Director of Human Resources CITY MANAGER APPROVALz HARRISON Assistant City Manager CMR: 486:03 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 715A, SEIU, AFL-CIO, CLC The Council of the City of Palo Alto does RESOLVE as follows: SECTION I. Section 1401 of the Merit System Rules and Regulations is hereby amended as fol!ows: 1401. Memorandum of agreement incorporated by reference. That certain memorandum of agreement by and between the City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC, consisting of Preamble and Articles I through XXVII and Appendices A through E, for a term commencing May !, 2001, and expiring April 30, 2004, as amended to extend the probationary period for emp!oyees in the Water System Operator I classification, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein.Said memorandum, as amended, shall apply to all employees in classifications represented by said Loca! 715A, SEIU, AFL-CIO, CLC, except where specifically provided otherwise herein. In the case of conflict with this chapter and any other provisions of the Merit System Rules and Regulations, this chapter wil! prevai! over such other provisions as to emp!oyees represented by said Local 7!5A,SEIU, AFL-CIO, CLC. SECTION 2.The Memorandum of Agreement ("MOA") incorporated into the Merit System Rules and Regul~tions ("Merit Rules") by Section 1 is a revision of the MOA incorporated into the Merit Rules by Resolution No. 8084, and adds an Appendix I to that MOA as shown on Exhibit "A", attached hereto and incorporated herein by reference. 031017 sm 8120398 1 SECTION 3. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST : City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Assistant City Attorney City Manager Director of Administrative Services Director of Human Resources 031017 sm 8120398 2 EXHIBIT A Tentative Side-Letter A~eement Between SEIU Local 715 and the City of Palo Alto Pending City Council Approval EXTEND THE PROBATIONARY PERIOD FOR EMPLOYEES IN THE WATER SYSTEM OPERATOR I CLASSIFICATION. The State of California, Department of Health has designated certification requirements for the classification of Water System Operator I to include passing an examination for water distribution operation. Testing is offered only twice a year. The probationary period of employees in this classification is currently six months and may not correspond with the occurance of the testing for this certification. Therefore this provision will allow for the extension of the initial probation period for up to six additional months (to a one year maximum period) in order to account for testing schedules. The City will only extend probation in those cases where a probationary employee in these classifications meets acceptable standards of performance and the additional probationar3, period is necessary to accommodate for the testing schedule. Where an extension of the normal six-month probation is provided, if an employee fails to pass the required examination the last time its is offered during the employee’s first year in the classification, the employee will be terminated at that time. To the extent they are not inconsistent with the language of this side letter, the other provisions of AKicle IV, section 1 shall apply to employees in the Water System Operator I classification. For the Union For the City Date:Date: